Patna High Court
Ramsvrup Yadav @ Ramswaroop YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail was granted because no specific allegation linked the petitioner to the assault on the informant’s mother and the statutory conditions under Section 438(2) CrPC and Section 482(2) Bharatiya Nyaya Sanhita were met.
Summary
The petitioner, Ramsvrup Yadav, was named in a criminal case (Sikandra PS Case No.221 of 2025) for offences under Sections 103(1), 115(2), 118(1), 109(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging assault on an informant and his family which led to the informant’s mother’s death. The petitioner sought anticipatory bail, arguing that the incident stemmed from a land dispute, that the post‑mortem report showed only a single skull wound, and that no specific allegation linked him to the assault on the mother, while also highlighting his clean antecedent. The State opposed the bail, contending that the petitioner was among those who brutally assaulted the informant and his mother. The Court examined the lack of specific charges against the petitioner, the evidentiary gaps, and the statutory criteria under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nyaya Sanhita, and consequently granted anticipatory bail with stringent conditions. The order emphasized that any observations made would not affect the trial and directed the lower court to accept the bail bonds without delay for verification.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not specifically alleged to have assaulted the informant’s mother.
- Whether the requirements of Section 438(2) CrPC and Section 482(2) Bharatiya Nyaya Sanhita are satisfied in the present facts.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 115(2), 118(1), 3(5), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- section 438
- section 482
- assault
- land dispute
- post‑mortem report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2316 of 2026
Arising Out of PS. Case No.-221 Year-2025 Thana- SIKANDRA District- Jamui
======================================================
Ramsvrup Yadav @ Ramswaroop Yadav, S/o- Late Degan Yadav, R/v-
Dhadhaur Ps- Sikandra Dist- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
For the Informant : Mr. Umesh Prasad, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Sikandra P.S. Case No. 221 of 2025 registered for the offences
under Sections 103(1), 115(2), 118(1), 109(1), 352, 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, all the named accused
persons are said to have assaulted the informant and his family
members and on account of such assault, the mother of the
informant died.
4. Learned counsel for the petitioner submits that it
was on account of some land dispute that the said incident
occurred. It has further been submitted that even if the
allegations are taken on its face value, the specific allegation of
Patna High Court CR. MISC. No.2316 of 2026(3) dt.24-02-2026
2/4
assault on the head of the mother of the informant is upon
Arvind Yadav and Bharat Yadav and there is general and
omnibus allegation against the petitioner and others. Learned
counsel for the petitioner draws the attention of this Court
towards the postmortem report and from perusal of the same, it
would appear that there is one lacerated wound found on the top
of the skull and apart from that there is no other injury found on
the body of the deceased. It has next been submitted that though
the allegation is also of assault on the informant and on others,
there is no injury report on record to substantiate such claim. It
has lastly been submitted that the petitioner has clean
antecedent.
5. Learned APP for the State and learned counsel for
the informant have opposed the prayer for anticipatory bail and
have stated that the petitioner was among the accused persons
who have brutally assaulted the informant and mother of the
informant, who succumbed to the injuries and therefore, the
petitioner should not be granted liberty of anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties and
taking into account the fact that there are no specific allegations
levelled against the petitioner of assault upon the mother of the
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3/4
informant, the deceased, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Sikandra P.S. Case
No. 221 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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4/4
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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